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Fiancee Visa for Second Time - Problems?

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Fiancee Visa for Second Time - Problems?

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Old Jul 9th 2007, 5:45 pm
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Default Fiancee Visa for Second Time - Problems?

Several years ago I applied for a fiancée visa for my fiancée and eventually got married. Unfortunately our marriage did not work out and she left the U.S. to return to her home country.

I am now seriously involved with someone again from a foreign country (my job requires me to spend very prolong periods of time out of the country -- thus I seem to meet more foreign girls than American ones.) We are getting to the point of possibly considering marriage.

Before I even begin to think of the painful possibility of going through this immigration process again when I return to the U.S., I would like to know if anyone has any knowledge of people who have filed multiple fiancée visa petitions. Will this be a big red flag when the USCIS reviews my petition? My ex-wife did get her permanent residency, but shortly after she did, we separated and she has been living in her home country for a while now. (I’m not sure if her Residency is still good because she has lived for more than a year continuously outside the U.S.) I’m not sure if that makes a difference.

If anyone has any knowledge on this subject, I would appreciate it. Basically I would like to know if this is really going to screw me.

Thanks!
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Old Jul 9th 2007, 5:49 pm
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Default Re: Fiancee Visa for Second Time - Problems?

Originally Posted by mark102777
Several years ago I applied for a fiancée visa for my fiancée and eventually got married. Unfortunately our marriage did not work out and she left the U.S. to return to her home country.

I am now seriously involved with someone again from a foreign country (my job requires me to spend very prolong periods of time out of the country -- thus I seem to meet more foreign girls than American ones.) We are getting to the point of possibly considering marriage.

Before I even begin to think of the painful possibility of going through this immigration process again when I return to the U.S., I would like to know if anyone has any knowledge of people who have filed multiple fiancée visa petitions. Will this be a big red flag when the USCIS reviews my petition? My ex-wife did get her permanent residency, but shortly after she did, we separated and she has been living in her home country for a while now. (I’m not sure if her Residency is still good because she has lived for more than a year continuously outside the U.S.) I’m not sure if that makes a difference.

If anyone has any knowledge on this subject, I would appreciate it. Basically I would like to know if this is really going to screw me.

Thanks!
Go to www.uscis.gov, Immigration Forms, and read the instructions on the I-129F. Somewhere in there it talks about whether you are eligible to file another I-129F petition after a certain amount of time has passed since a previous filing of it. I dont' remember off the top of my head, I think more than 2 years has to have passed, which it sounds like it has. If that's the case, you should be able to file it with no problems.

I'm wondering, though, if you need to list your first wife on the I-134 and I-864 affidavits of support. It's not clear whether she is still a PR or not, but if she is, then you are still her sponsor, and need to keep that in mind when completing the affidavits of support.

Best Wishes,
Rene
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